WILLIAMS MULLEN 

Direct Dial: 703.760.5204 

kpomfret@williamsmullen.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

October 9, 2015 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

"Reform Act"), Vickrey & Associates, Inc.("Petitioner") hereby applies for an exemption from 

the Federal Aviation Regulations ("F ARs") described in Section VII below, a Certificate of 

Waiver and Authorization ("COA'') and any other exemptions necessary to allow the Petitioner 

to operate the small Unmanned Aircraft Systems ("UAS") described in Section IV for 

commercial aerial data collection purposes, as more fully described in Section IX below. 

I. Background on Petitioner 

Petitioner is a woman-owned small business based in Texas, with offices in San Antonio 

and Austin. Petitioner has been in business for 44 years and provides civil engineering consulting 

and surveying services, including program management, design, and development planning, and 

the preparation of civil site construction documents for commercial, industrial, residential, multifamily, healthcare, municipal and transportation projects. Petitioner also employs an 

experienced staff of Registered Professional Land Surveyors and runs multiple, fully-equipped 

survey crews. 

II. Contact Information 

The contact information for Petitioner is set forth below: 

Brenda Vickrey Johnson 

Vickrey & Associates, Inc. 

12940 Country Parkway 

San Antonio, Texas 78216 

8300 Greensboro Drive, Suite 1100 Tysons Corner, VA 22102 T 703.760.5200 F 703.748.0244 

williamsmullen.com I A Professional Corporation 
October 12, 2015 

Page 2 

WILLIAMS MULLEN 

III. Request for Exemption to Use UAS for Commercial Uses 

Petitioner seeks the exemption in order to conduct aerial data collection for commercial 

customers in a broad range of industries, including without limitation, construction, agriculture, 

energy and utilities, real estate and engineering. In addition, Petitioner will offer aerial data 

collection services to state and local government. Petitioner expects under the exemption to 

conduct mapping and surveying operations and to collect data, images and videos of a variety of 

assets and features, such as inventory stockpiles, quarries, electric transmission lines and towers. 

Petitioner also intends to collect aerial data to conduct studies on drainage and other land-use 

matters. In each case, Petitioner will take appropriate safety measures with regard to UAS 

operations. For example, Petitioner will obtain the written consent of each landowner prior to 

beginning operations. Petitioner will cordon off an operations area prior to each flight. Nonessential individuals will not be allowed into an operations area during a flight unless properly 

protected. Essential personnel in the operations area will be briefed on the UAS and the 

proposed operation. Written consents will be obtained as needed. Petitioner will also utilize the 

safety measures included with the applicable UAS. 

Since this exemption request is similar to others that have been granted, the Petitioner 

requests that this request for exemption be considered on an expedited basis. In that regard, 

Petitioner notes that the FAA has previously granted exemptions for use of UAS for similar 

activities. 

IV. Unmanned Aircraft Systems 

Petitioner seeks an exemption for the following platforms. Each of the platforms satisfies 

the requirements necessary to receive an exemption in terms of size, weight, speed, 

operations and safety features. Petitioner notes that the FAA has previously granted 

exemptions for each of these UAS. 

A. 3DRX8-M 

B. X8+ Quad copter 

C. 3DR Solo 

D. 3DR Aero-M 

E. 3DR Iris+ 

F. DJI Phantom (all series) 
WILLIAMS MULLEN 

October 12, 2015 

Page 3 

G. DJI Inspire 1 

H. DJI Spreading Wings S 1 000+ 

I. senseFly eBee, 

J. senset1y eBee Ag, 

K. sensefly eBee RTK 

L. senseFly eXom 

M. senseFly swinglet CAM 

N. _Draganfly X4-ES helicopter system 

0. Multirotor G4 7.8 Skycrane 

P. Walkera OR Scout X4 

Q. Walkera OR TALI H500 

R. Altavian Nova R8400 

S. Altavian Nova F6500 

T. Aibotix Aibot X6 Hexacopter 

U. Riegl RiCOPTER with VUX-SYS 
October 12, 2015 

Page 4 

WILLIAMS MULLEN 

Each of the UAS set forth above have operating manuals, maintenance schedules and 

training procedures (collectively, the "Operational Documents"). Petitioner will comply with 

each of the Operational Documents. Copies of the Operational Documents are available upon 

request. 

V. Statutory Authority for Requested Exemptions 

This petition for exemption is submitted in accordance with Section 333 of the Reform 

Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation Administration (FAA) 

Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where 

it does not create a hazard to users of the national airspace system (NAS) or the public or pose a 

threat to national security. Moreover, the Federal Aviation Act grants the Administrator general 

authority to grant exemptions from the agency's safety regulations and minimum standards when 

the Administrator decides such a requested exemption is in the public interest. See 49 U.S. C. 

§§ 106(£), 44701-44716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety 

or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81. 

VI. Safety Measures and Public Interest Benefits 

As described in more detail in Section IX, the Petitioner will take measures to ensure 

such operations will not create a hazard to aviation or the public. For example, flights will be 

conducted under 400 feet AGL thereby avoiding interference with users of the national airspace 

system ("NAS"). Flights will be suspended immediately to yield right-of-way to any other 

aircraft. Geo-fencing will be utilized when available to ensure that a UAS does not fly outside of 

the intended area. Operations will also not create a hazard to the public as Petitioner will only 

operate the UAS over unpopulated areas. As described above, the operations area will be 

secured and only authorized personnel will be permitted on the grounds. Given the size and 

speed of the UAS, the controlled nature of the operations area and the lack of explosive materials 

or flammable jet fuels, the operations will not pose a threat to national security. 

There are a number of reasons why granting the Petitioner's request to operate the UAS 

for commercial aerial data collection is in the public interest. Granting the exemption will 

further public interest by allowing Petitioner to safely, efficiently and economically integrate 

UAS into land development, project management and surveying. An exemption will save our 

customers both time and money. In addition, in many instances, it will allow our customers to 

obtain higher-quality information than they currently are able to receive at a cost-efficient price. 

This will likely result in the development of new applications and uses for the data. 
October 12, 2015 

Page 5 

WILLIAMS MULLEN 

VII. Specific Sections from Which Petitioners Seek an Exemption 

Based upon the information provided and the exemptions that the FAA has already 

granted pursuant to Section 333, the Petitioner requests the following exemptions: 

14 C.F.R. § 61.23(a) 

14 C.F.R. § 61.23(c) 

14 C.F.R. § 61.101(e)(4) 

14 C.F.R. § 61.101(e)(5) 

14 C.F.R. § 61.113(a) 

14 C.F.R. § 61.315(a) 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.119(c) 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(1) 

14 C.F.R. § 91.409(a)(2) 

14 C.F.R. § 91.417(a) 

14 C.F.R. § 91.417(b) 

VIII. Justifications for Each Exemption Request 

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 14 C.F.R. § 

61.101(e)(5), 14 C.F.R. §61.113(a) and 14 C.F.R. § 61.315(a). 

Petitioner notes that FAA requires the Pilot in Command (PIC) to hold either an airline 

transport, commercial, private, recreational or sport certificate pilot license and either a current 

FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. Petitioner will 

ensure that its PICs will satisfy each of these requirements. Since Petitioner's PICs will be 

operating UAS under the same conditions as those previously granted, an equivalent level of 

safety will be met by granting these exemptions. 

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. 

Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition 

before a flight. Petitioner requests relief from this section provided that the operator of the UAS 

determines prior to each flight that the aircraft is in compliance with the applicable Operational 

Documents. Such pre-flight inspection will provide the equivalent level of safety as that 

provided by this section. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 
October 12, 2015 

Page 6 

WILLIAMS MULLEN 

3. 14 C.P.R.§ 91.119(c) Minimum safe altitudes over congested and other areas. 

Section 91.119( c) establishes safe altitudes for operation of civil aircraft over areas other 

than congested areas. The Petitioner requests relief from this section with respect to those 

participating persons, vehicles, and structures directly involved with data collection. The UAS 

will never operate at higher than 400 AGL. It will be operated in a controlled area, where 

buildings and people will not be exposed to operations without prior consent. Relief from this 

section is warranted as operations will be conducted with adequate safety provisions as outlined 

herein and in the applicable Operational Documents. As a result, an equivalent level of safety 

will be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

4. 14 C.P.R.§ 91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." An exemption from this section may be needed if 

the UAS does not have a barometric altimeter but instead has a GPS altitude read out. An 

equivalent level of safety will be achieved by the operator, pursuant to the applicable Operational 

Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. As a result, an equivalent level of safety will be met by granting this exemption. 

Petitioner notes that the Administrator has granted relief from this section in previous 

ex em pti ons. 

5. 14 C.P.R.§ 91.151(a) Fuel requirements for flight in VFR conditions. 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming normal cruising speed- ( 1) During the 

day, to fly after that for at least 30 minutes." 

Complying with the 30 minute reserve would severely limit the length of the Petitioner's 

UAS flights and hamper the ability to conduct data collection. Given the limitations on the 

UAS's proposed flight area, a longer time frame for flight in daylight conditions is reasonable. 

Operating the UAS in a tightly controlled area, where only people or official representatives who 

have signed waivers will be allowed, does not raise the type of risks that this section was 

intended to address, particularly given the size and speed of the UAS. Petitioner believes that an 

equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery 

power, whichever happens first. 
October 12, 2015 

Page 7 

WILLIAMS MULLEN 

6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(l) Operation 

after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. 

§§ 91.409(a)(l) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance 

records. 

Maintenance will be accomplished by the operator pursuant to the applicable Operational 

Documents. An equivalent level of safety will be achieved because the UAS are very limited in 

size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical issues arise, the UAS will be operating from no higher than 400 feet AGL 

and can immediately land. As provided in the applicable Operational Documents, the operator 

will ensure that the UAS is in working order prior to initiating f1ight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. As a result, an equivalent level of safety will 

be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from such 

other rules and regulations as the FAA deems appropriate to enable the operations described 

herein. Since previous exemptions granted under Section 333 of the Reform Act have been 

effective for two years, the Petitioner also requests that if the FAA issues interim or final rules 

applicable to the operation of any UAS included herein after the Petitioner receives a Grant of 

Exemption that any conditions and limitations required in such Grant that are more burdensome 

than the new regulation be appropriately modified or removed. 

IX. Operating Parameters for UAS Use 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS 

under the following conditions: 

1. UAS operations will be conducted by a PIC. The PIC shall hold an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC also will hold a 

current FAA airman medical certificate or a valid U.S. driver's license issued by a 

state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The UAS will be in visual line of site (VLOS) ofthe PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform 

any other duties beyond assisting the PIC with seeing and avoiding air traffic and 

other ground-based obstacles/obstructions. 
October 12, 2015 

Page 8 

WILLIAMS MULLEN 

3. The PIC and VO will be able to communicate verbally at all times. 

4. Petitioner will rely on the UAS vendor(s) to provide a pilot qualification program, 

including a training program incorporating proper aircraft operations and safety 

standards. The PIC and the VO will have obtained the necessary 

qualifications/training. A record of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS will not be flown at ground speeds exceeding [50 mph]. 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. Each UAS operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs first. At 3 0% battery the U AS will enter 

a return and land sequence; at 20% it will land immediately. 

8. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate 

protection. 

9. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

10. The UAS will remain clear and yield the right of way to all other manned operations 

and activities at all times. 

11. UAS operations will not be conducted during night. 

12. The UAS will not be operated by the PIC from any moving device or vehicle. 

13. The U AS will not be operated less than 5 00 feet below or less than 2, 000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

14. The applicable Operational Documents and all documents required under 14 C.F.R. 

§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the 

UAS any time the aircraft is operating. These documents will be made available to 

the Administrator upon request. 
October 12, 2015 

Page 9 

WILLIAMS MULLEN 

15. Any incident, accident, or f1ight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

16. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

17. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

f1ight. If the inspection reveals a discrepancy, the aircraft will be prohibited from 

operating until the necessary maintenance has been performed and the UAS is found 

to be in a condition for safe flight. 

18. Operations will not be conducted over congested or densely populated areas. 

19. All operations will be conducted over private or controlled-access property with 

permission from the landowner/controller or authorized representative. Permission 

from the landowner/controller will be obtained for each flight to be conducted. 

20. All maintenance and alterations will be properly documented in the aircraft records. 

21. Any UAS that undergoes maintenance or alterations that affect the UAS operation or 

f1ight characteristics will undergo a functional f1ight test in accordance with the 

applicable Operational Documents. 

22. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the 

UAS. Operator will follow the manufacturer's UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

23. Each UAS will comply with all manufacturer Safety Bulletins. 

X. Summary to be Published in Federal Register 

Petitioner: Vickrey & Associates, Inc. 

Sections of 14 C.F.R. Affected: § 61.23(a); § 61.23(c); § 61.101(e)(4);§ 61.101(e)(5); 

§61.113(a); 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(1); 

§§ 91.409(a)(1) and (2); §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F .R. § 

61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. 

§61.113(a); 14 C.F.R. § 61.315(a); § 91.7(a);14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 
October 12, 2015 

Page 10 

WILLIAMS MULLEN 

C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(1) 

and (2); 14 C.F.R. §§ 91.417(a) and (b) to use small unmanned aircraft systems (UAS) for aerial 

data collection as described in Section III. 

XI. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, provide more than adequate justification for the grant 

of the requested exemption allowing operation of Petitioner's U AS for the purposes set forth 

herein. Please contact Petitioner's outside counsel, Kevin D. Pomfret, at 703-760-5204 or 

kpomfret@williamsmullen.com with any questions about this filing. 

KDP/kmb 

29183389_1